Hayes v. Colvin

Filing 19

ORDER granting 18 Motion to Remand. Case remanded to Commissioner of Social Security pursuant to sentence four of 42 U.S.C. Section 405(g). Judgment is entered in favor of Plaintiff. The file is CLOSED. Signed by Judge Thomas O. Rice. (BF, Judicial Assistant)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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MISTY HAYES,
NO: 13-CV-0358-TOR

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Plaintiff,
ORDER REMANDING CASE

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v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,

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Defendant.
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BEFORE THE COURT is the parties’ Stipulated Motion to Remand (ECF

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No. 18). Based on the parties’ stipulation, this case is remanded to the

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Commissioner of Social Security for a de novo hearing pursuant to sentence four

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of 42 U.S.C. § 405(g).

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ACCORDINGLY, IT IS HEREBY ORDERED:

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1. The parties’ Stipulated Motion to Remand (ECF No. 18) is GRANTED.

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The Commissioner’s decision regarding Plaintiff’s application for disability

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insurance benefits under Title II of the Social Security Act is REVERSED

ORDER GRANTING MOTION TO REMAND ~ 1

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and REMANDED to the Commissioner of Social Security for a de novo

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hearing pursuant to sentence four of 42 U.S.C. § 405(g). On remand, the

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ALJ shall update the record, hold a de novo hearing, and issue a new

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decision.

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2. The Appeals Council will instruct the ALJ to reevaluate the opinion of

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Sylvia Rojas, M.D., and in doing so, consider the new evidence submitted to

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the Appeals Council. The Appeals Council will also instruct the ALJ to

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evaluate the medical opinion evidence; reassess Plaintiff’s residual

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functional capacity; further evaluate whether Plaintiff could perform the

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physical and mental demands of her past relevant work; and, if necessary,

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obtain supplemental evidence from a vocational expert.

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3. Plaintiff will be entitled to reasonable attorney’s fees and costs pursuant to
28 U.S.C. § 2412(d), upon proper request to this Court.
4. All pending motions are DENIED as moot.
The District Court Executive is hereby directed to enter this Order, provide
copies to counsel, enter judgment for Plaintiff, and CLOSE the file.
DATED May 28, 2013.

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THOMAS O. RICE
United States District Judge

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ORDER GRANTING MOTION TO REMAND ~ 2